PIP appeal

peteuk

tifo said:

They concentrated on the 1 month of the assessment in September. At that time I was better, from Feb to Sept I wasn't. I made it clear.

I mentioned that they're to look at 3 months before and 9 months after the assessment and 50% or more. The judge said that's not how the calculation is done, they can look at 1 week and 4 days is a majority so "how was I in that week". 

There is many ways to look at the majority of time,  Depending on the condition. On the capacity and experience of the claimant.  4 days in a week, three weeks in a month.  It can then be up to the assessor to judge the evidence.

poppy12345

tifo said:

poppy12345 said:

I wouldn't personally send photos in for any claim because i always think that the pictures could be of anyone and it doesn't really explain anything about how your conditions affect you.

Obviously it was me. Many pictures are of my face with the eye condition symptoms. And many showing gout symptoms.

The pictures won't tell them anything about how you are affected by those conditions because it's not about a diagnosis.

tifo said:

For your WCA we asked about representation but I'm not sure what the situation with the PIP appeal was?  If you don't think the resultant decision is correct then you should definitely try to find someone to help, because you'd only be able to appeal if they've made a legal error.  

I went myself, no representative.

They concentrated on the 1 month of the assessment in September. At that time I was better, from Feb to Sept I wasn't. I made it clear.

I mentioned that they're to look at 3 months before and 9 months after the assessment

They will not consider what your condition was like after the assessment took place.

tifo

calcotti said:

tifo said:

I mentioned that they're to look at 3 months before and 9 months after the assessment and 50% or more. The judge said that's not how the calculation is done, they can look at 1 week and 4 days is a majority so "how was I in that week". 

If the judge did indeed say that and the Record of Proceedings show that then there we’ll be a case of an error law which would permit an second tier appeal.

Regulation 7 makes clear what the required period is.

Yes, I had regulation 7 and 12, 13 in my submission.

She said it when I asked why are they concentrating on the month of the assessment. She asked me how do I get my majority. I replied like I posted earlier, 3 months before, 9 months after the assessment and it's 10 months now so that 9 months is proven as is the 3 months before. She replied that's not how it's calculated.

tifo

poppy12345 said:

I mentioned that they're to look at 3 months before and 9 months after the assessment

They will not consider what your condition was like after the assessment took place.

Isn't that what regulation 7 says/means? Or is it 9 months from the appeal heating. The law says from the 'required period' unless I read it wrong.

poppy12345

tifo said:

poppy12345 said:

I mentioned that they're to look at 3 months before and 9 months after the assessment

They will not consider what your condition was like after the assessment took place.

Isn't that what regulation 7 says/means? Or is it 9 months from the appeal heating. The law says from the 'required period' unless I read it wrong.

You are confusing this with you "need to have had the conditions for at least 3 months and expect them to last at least a further 9 months".

At any Tribunal, they will not take into consideration what your conditions were like after the assessment took place. The same applies for LCW.

Why were you so concerned about concentrating on regulations rather than how your conditions affect you?

tifo

poppy12345 said:

You are confusing this with you "need to have had the conditions for at least 3 months and expect them to last at least a further 9 months".

At any Tribunal, they will not take into consideration what your conditions were like after the assessment took place. 

I'm confused.

Is it 9 months from the date of appeal or the assessment? I'm thinking assessment as that is the reference date.

Because it's been 10 months since I had the assessment and I still have my conditions, doesn't that fulfill the 9 months requirement?

Even if it's the tribunal date I've had my conditions for more than 3 months and they're not going away in the next 9 months.

poppy12345

The forward date is 9 months from the date of the assessment and not 9 months from the date of the Tribunal. They will still only consider what your conditions were like at the time the assessment took place. Any worsening of condition will not be taken into consideration.

Nothing more you can do at this stage until you've had the decision letter.

tifo

poppy12345 said:

The forward date is 9 months from the date of the assessment and not 9 months from the date of the Tribunal. They will still only consider what your conditions were like at the time the assessment took place. Any worsening of condition will not be taken into consideration.

Yes you're right. In the legislation it's either the date of claim or a 'later' date pointing to the assessment.

Seems I've already met the 9 months at this time. They've not worsened, they're the same.

Alice_Holt

Just a general observation - I hope the OP will forgive this, as it's intended more for other forumites reading this thread who may also have a PIP tribunal. 

If you find yourself without a representative, I would suggest that your submission focuses on the difficulties you experience with the PIP activities.
Whereas the tribunal judge (and panel) know the PIP legislation and case law, they don't know your day to day life, and how and why PIP activities are difficult for you.
So the submissive is the way to explain this to the panel, and give a few real life examples. To paint the picture for the panel, and to set the background for the questions they will ask you at the hearing.

Have further examples ready for the tribunal hearing (relevant to the disputed PIP descriptors), and explain fully any problems you may have in "reliably" performing the activities. (Keeping a diary can be helpful). Listen carefully to the questions the panel ask you, and answer them as directly, carefully and as fully as you can. I would suggest not engaging the panel in discussions about legal matters - rather try to give them the full picture of your needs around the PIP activities.  
    

tifo

I don't mind, good info.

I concentrated on meeting the required period, which is why I ask about it, and how I met the descriptors during this time. I gave plenty of dates and examples of how I was affected.

The Dr commented on how I'd given them a clear picture of how my conditions affect me, both in writing and at the hearing.

The judge was a bit condosending and the disability expert was talking about irrelevant stuff which I'd already said was made up in the medical report.

My claim is from March 2021. My eye conditions are from October 2018. They asked a lot about how I was able to do activities during 2019 and 2020 which is outside the time of claim and outside the required period. I believe not relevant to my claim though background to my conditions?